http://thefederalist.com/2018/07/11/jeffrey-toobins-clueless-supreme-court-meltdowns-embarrass-cnn/
Supreme Court Justice Anthony Kennedy’s retirement has ignited a competition in Big Media for apocalyptic hot-takes on how a marginally more conservative Supreme Court will destroy America. CNN’s senior legal analyst Jeffrey Toobin seems bent on taking home the trophy for the most molten meltdown.
Toobin’s most recent rave, to the network’s Anderson Cooper, was that the stakes are higher on judicial confirmations today because “[w]hen the Constitution was written in the late eighteenth century, people were expected to die in their 50s. The framers never contemplated that these terms would regularly go to 30-plus years as they do now.”Toobin is as ill-informed about statistics as he is about the framers’ view on de facto life tenure for federal judges.
Toobin, like many people in the media, seems to have little idea about the difference between life expectancy—a figure including infant mortality—and life span. It also appears he may not grasp the difference between the mean and the median in considering what an “average” number is.
About Life Expectancy in the Eighteenth Century
Modern medicine has greatly decreased infant mortality and thereby increased average life expectancy in America and elsewhere. But after infant mortality is accounted for, the human life span has not changed nearly as much over time. During the late 1700s, males who reached age 20 could be expected on average to live to age 63-66. At age 30, they could be expected to live to age 65-68. At age 50—when Toobin thinks men were being wiped out—they could be expected to live to age 71-73.
Moreover, infant mortality will affect both the mean—which is what most people think of as an average—and the median, the number at which half the population will be above and half below. The median still provides the opportunity for half the population to live well beyond the average.
Of course, the framers were no more expert on these subjects than Toobin is. But James Madison lived to age 85. Ben Franklin lived to age 84. Paul Revere made it to age 83, while John Adams lived until age 90. Thomas Jefferson, while technically not a framer of the Constitution, lived to 83. The first Supreme Court chief justice, John Jay, lived to 83. They likely noticed that their contemporaries were not all keeling over in their 50s.